Wills

[bluejay10]

The executrix of our parents estate, also their daughter has been citationed by my attorney and signed by the county judge to appear in court to show cause why an administration and accounting has not been provided to the beneficiary's. It has been over 2 yrs since parent passed away, small estate,and house was sold over a year ago. Executrix told other family members she didn't know anything about showing up in court and her attorney didn't have anything on his calendar. I confirmed at courthouse the date is still on and papers were sent to her. Will she not have to appear and if I am the only beneficiary left and I do appear in court what can I expect. I have not received one breakdown on the administration of the estate and yet I was alternate executor and beneficiary. Can she not have to show up? She started the process on her own after parents death and didn't seek attorney till after I started catching her distributing items to her children and not to me. Our children were listed in will as secondary if anything happened to us. Does she have to appear or just her attorney? What can I expect?

 

[advisor10]

1-17-2002

DEAR BLUEJAY10:

I am not familiar with Pennsylvania law, so my comments here are only speculation.

This daughter/executrix would certainly not want to make the mistake of not appearing in court for this very important matter, since she might be placed in contempt of court if she didn't appear or might even be replaced as executor with someone else. Judging from your previous posts about this situation, she is very sneaky and doesn't want ANYONE ELSE to know about how she has handled the finances in this estate (probably because she is guilty of stealing some of it) and will probably try to get the hearing delayed or postponed by saying she doesn't have all the information ready or hasn't finished yet.

Her excuse about "not knowing anything about showing up in court" is very weak and unaceptable and inexcusable, and she even had the advice of an attorney who should have told her (and probably did tell her) what to expect.

Find out if executors are required to post bond in your county--if they do, then if it is discovered that she has stolen any estate monies, a claim can be filed with the bonding insurance company to recover that money. Since you say the estate is small, I don't know if the beneficiaries can expect to receive anything, but the financial accounting information is very important and strictly required, so if she doesn't provide that she is in serious trouble. If possible, you or some other family members should also try to attend that hearing so the court can hear your side of the story and be informed of this executor's incompetence.

SINCERELY,

advisor

 

[bluejay10]

I do not believe it is required she be bonded I am pretty sure she is not. But you were right! I was suppose to be in court this morning and yesterday I received a call that said it was cancelled. Her attorney got a hold of the judge and said he would supply me a final accounting within 10 days. Here we go again hurry up and wait game. What category would this fall under? The parent is still living but in very bad health and hospitalized. The person in charge of finances, insists that there are no monies to pay for skilled care at home and yet refuses to turn over financial information to see if there is county help available or fill out forms to put the parent in a skilled care facility? or do pre-paid funeral. Numerouse family members were present when this happened and also the agency we had met with to discuss options at that time she was suppose to have the financial information with her but she did not. She just kept repeating there was no money and she didn't want to lose the house. Is this elderly abuse?